Jackson v. Johnson Controls

THIS OPINION
HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN
ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Melvin Jackson, Respondent,

v.

Johnson
Controls and Indemnity Ins. Co. of N.A., Appellants.

Appeal From Anderson County

Alexander S. Macaulay, Circuit Court
Judge

Unpublished Opinion No. 2010-UP-259

Submitted April 1, 2010 – Filed April 26,
2010   

AFFIRMED

Duke K. McCall, Jr., of Greenville, for Appellants.

Ernest C. Trammell, of Anderson, for Respondent.

PER CURIAM:  Johnson Controls and Indemnity Insurance
Company (collectively the Carrier) appeal the circuit court's affirmance of the
Appellate Panel of the South Carolina Workers' Compensation Commission's
(Appellate Panel) order finding Melvin Jackson suffered from a compensable
injury resulting from a work-related injury to his back.  On appeal, the
Carrier argues: (1) the single commissioner's finding of compensability for
Jackson was not supported by substantial evidence in the record, and (2) the
single commissioner erred in finding Jackson properly notified his employer of
the accident.  We affirm.[1] 

1.  Substantial evidence supports the single commissioner's conclusion that he
suffered from a compensable back injury arising out of his employment with
Johnson Controls.  While conflicting testimony exists regarding the origins of
Jackson's injury, Jackson testified he twisted his back and felt a sharp pain
which radiated down both legs when he got off his forklift while working at
Johnson Controls.  Jackson's testimony was further corroborated by two
witnesses.  Moreover, both the single commissioner and the Appellate Panel
found Jackson was a credible witness.  See Hill v. Eagle Motor Lines,
373 S.C. 422, 436, 645 S.E.2d 424, 431 (2007) (holding the decisions of the Appellate
Panel must be affirmed if the factual findings are supported by substantial
evidence in the record); Hall v. Desert Aire, Inc., 376 S.C. 338, 348,
656 S.E.2d 753, 758 (Ct. App. 2007) ("The final determination of witness
credibility and the weight assigned to the evidence is reserved to the
Appellate Panel."); Id. at 350, 656 S.E.2d at 759 ("The
general policy in South Carolina is to construe the Workers' Compensation Act
in favor of coverage, and any reasonable doubts as to construction should be
resolved in favor of the claimant.").

2.  Regarding
the Carrier's argument that the single commissioner erred in finding Jackson
properly notified his employer of the accident, substantial evidence supports
the single commissioner's finding of proper notice.  Jackson testified he
called a human resources employee the day after his accident and informed her
he suffered a back injury working the night before and also submitted a medical
leave form to her indicating he suffered a back injury as the result of an
accident.  Although two employees from the human resources department testified
Jackson never reported an on-the-job injury while working at Johnson Controls,
the Appellate Panel, as the ultimate finder of fact, found Jackson a credible
witness and assigned weight to his testimony and the medical leave form
submitted by Jackson.  See id. at 348, 656 S.E.2d at 758 ("The
final determination of witness credibility and the weight assigned to the
evidence is reserved to the Appellate Panel."); Id. ("Where
there are conflicts in the evidence over a factual issue, the findings of the
Appellate Panel are conclusive."); Hill, 373 S.C. at 436, 645
S.E.2d at 431 (holding the decisions of the Appellate Panel must be affirmed if
the factual findings are supported by substantial evidence in the record).    

AFFIRMED.

HUFF, THOMAS, and KONDUROS, JJ., concur.

[1]  We decide this case without oral argument pursuant
to Rule 215, SCACR.